Another brand took my brand listing in Amazon.CA

After I amended the application, it took about 8 months to receive the certificate. This really depends on how many applications there are at the time. Don’t believe their published “goal” timeline. As with most things government run, they get paid if they meet their goals or not so rarely are they actually met. That’s not a bash on the Canadian government, it’s true about any government.

Good Luck,

TJB

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There’s also a waiting period to allow other people the opportunity to challenge your trademark in the US. It’s probably similar in other countries. It’s a lot less messy to have a trademark challenged and rejected prior to it being officially registered than to have it challenged and revoked afterwards

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The pirating company doesn’t have a trademark registered. As Seinfeld would say…

That’s a shame.

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That’s not the reason for the challenge period. Anybody can challenge your trademark during this period of time. It could be for a reason such as yours is too similar to mine, or someone can claim they used it first and that they have the legal right to it.

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Canada has the same policy. Once your application is approved (which more or less means it’s accepted), they publish it and wait 60 days for any claims against it. If there are no claims, they’ll move it to registration which is actually pretty quick. I don’t know the process if there are claims as I thankfully didn’t have any but I would imagine it would require significant time and $$$ to dispute.

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Well, if exported from Canada to the USA, then the trademark would be “in force”. But the issue here is not presented as one of “counterfeit goods”, but instead, of someone selling his product in a foreign market where he does not (yet) operate himself.

The sale in the USA would be a “nominative use” of the trademark, which is perfectly legit - the seller correctly names the brand of the product being sold, and any seller has “nominative use rights” to a trademark, no matter how much bullying goes on.

But Amazon would view this as “selling used as new” no matter where to item ends up, as it was bought from one Amazon seller, and resold by another. Amazon does not look kindly on this.

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How are Sellers managing that monitoring, logistically?

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Good question.
We do it manually with a wonderful excel sheet. :sweat_smile:

We haven’t found yet any software at an acceptable price that monitors accurately the stock in our warehouse, and sellable, reserved, inbound, unfulfillable stocks in amz EU and US.

Any advice?
Thank you!

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